Opinion
1:23-cv-085
07-17-2023
Walter William Cartwright III, Plaintiff, v. Captain Chris Ray, Defendant.
ORDER ADOPTING REPORT AND RECOMMENDATION
DANIEL L. HOVLAND, DISTRICT JUDGE UNITED STATES DISTRICT COURT
The Plaintiff, an inmate at the Ward County Detention Center, initiated this pro se civil rights action on May 1, 2023. See Doc. No. 2. An amended complaint was filed on June 6, 2023. See Doc. No. 15. After screening the complaint as required by 28 U.S.C. § 1915A, Magistrate Judge Clare R. Hochhalter issued a Report and Recommendation on June 6, 2023, in which he recommended that one claim be allowed to go forward while all others be dismissed. See Doc. No. 14. The Plaintiff was given until June 21, 2023, to file an objection to the Report and Recommendation. The Plaintiff did not file an objection to the Report and Recommendation and the time for doing so has expired.
The Court has carefully reviewed the Report and Recommendation, the relevant case law, and the entire record, and finds the Report and Recommendation to be persuasive. The Court agrees that the Plaintiff's retaliation claim should be allowed to go forward at this early stage while the claims regarding mail restrictions, equal protection violations, and infringement upon his right to petition the courts fail.
The Court ADOPTS the Report and Recommendation (Doc. No. 14) in its entirety and ORDERS as follows:
1) The Plaintiff will be permitted to proceed with his retaliation claim.
2) All other claims are DISMISSED.
3) The Clerk of the District Court is directed to effectuate service of the amended complaint (Doc. No. 15) on the named Defendant along with a copy of the Court's screening order making clear the claim the Plaintiff is permitted to proceed with.
IT IS SO ORDERED.